The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-01-27

aDle ana Just rules ana regulations to be observed
by all railroad companies doing business in this
state as to charges at any and all points, for the
necessary ha ding and delivering of freights;
shall make such just and reasonable rules and reg
uiatlons as may be necessary for prevent unjust
determinations in the transportation of freight and
| passengers ON the railroads in thi- states shall
make reasonable and Just rates of charges for use
OF railroad cars carrying any and all kiads OF
| freight and passengers on said ralro de, no mat
| ter by whom owned or carried; and shall
make reasonable and just rules and regulations
To De observed by said railroad companies on ssld
railroads To prevent the giving or paying or any
| rehate or bonus, directly or indirectly, and from
misleading or deceiving the public in any manner
as To the real rates charged for freight and passen
gers; prov ded, that nothing in this act contained
shall be taken as in any manner abridging or con-
trolling the rates for freights charged by any rail
road company in this state for carrying freight
which comes from goes beyond the boundaries
of the state, and on which freight less than local
rates any railroad carrying the same are charged
by such railroad, but said railroad companies shall
possess the same power and right to cha &c such
Rates for carrying such freights they possessed
befor the passage of this act and said commission
ers shall have full power by rules and regulations
to designate and fix the difference in rates OF freight
and passenger transportation, to be allowed for
longer and shorter distances, on the same or diff
ferent railroads, and to ascertain what shall be the
limits of longer and shorter distances,
Section g. That eaid rair ad commissioners are
hereby authorized and required to make for each
of the railroad corporations doing bu siness in
this state, as as practicable, schedule of just
ton of passengers and freghts and cars on each of
said railroads; and said schedule shall, in all suits
brought against any such railroad corporations
wherein is involved the charges 0any such railroad
corporations for the transportation of any pas
senger ,or freight OF cars, or unjust discrimination
in relation thereto, be deemed and taken in all
courts of this etate as sufficient evidence that the
rates therein fixed are just and reasonable rates
charges for the transportation of passengers and
trejghts and cars upon the railroads; and sad
commissioners shall from time to time, and as
often as circumstances may require, change and
revise said schedules. When any schedule
shall have been made or revised, as aforesaid, it
shall be the duty of said commissioners to
cause publication thereof to DO made for four sue
cessye weeks in some public newspapers pub
lshed in the cities of Dallas, Austin, Galveston,
Fort Worth, San Antonio and Houston, in this
state, and after the same shall he go published it
shall be the duty OF all such railroad companies to
post at all their respective stations, in conspicu
GUS place, copy of said schedule for the prOtec-
ton of the people; provided, that the schedules
thus prepared shall not be taken as evidence as
herein provided until schedules shall have been
prepared and published ss aforesaid, for all
the railroad companies now organized and under
the laws of the state, that may be organized at
the time OF said publication. Ali such schedules
purporting To be prin ed and published as afure-
said shall be received and h-ld in all such suits as
prima fac the schedules of said commissioners
without further proof than the production of the
schedules desired to be used as evidence with
a certificate of the railroad commission that the
same is true copy of the schedule prepared by them
TOT Jne rdlTOdu company Ut COTpOrdtlOn therein
named, and that the same has been duly published
as required by law stating the name of the papers
in which the same was published, together with
the date and place of said publication
Section T. That 1t shall be the duty of said com.
mssoners to investigate the books and papers of
all the railroad companies doing business in this
state ascer ain if the rules and equations afore
said have been complied with, and TO make per-
sonal visitations of railroad offices, stations
and other places of business for the purpose of
examination and to make rules and regulations
concerning such examinations, which rules and
regulations shall be observed and obeyed as other
rules and regulations afol esaid; SAID commission
ers shall also have full power and authority to eX
anime all agents and employees of said railroad
companies, and other persons, under oath or
otherwise, in order to procure the necessary
information to make just and reasonable rates
of freight ana passenger Tariffs, and to as
certain If such rules and regulations are observed
or violated, and to make necessary and proper
rules and regul atoms concerning such examina-
tions, aud which rules and regu ations herein pro
vided for shall be obeyed and enforced all other
rules and regulations provided for in this act.
Section g. That contracts and agreements be-
tween railroad companies doing business in this
state, as to the rates of freight and passenger tar
ifs, shall be submitted to said commissioners for
Inc pection and correction, that IL may be seen
whether or not they are viola ion of law or of
this act, or of the rules and regulations of said
commissioners: and all arrangements and agree
ments whatever as to the division OF earnings of
any kind by competing ilroad companies doing
business in this ate shall be submitted to said
far as they affect rules and regulations made by
said commissioners, to secure all persons doing
business with said companies just and reasonable
rates of eight and passenger tariffs: and said
commissioners may make such rules and regula-
tons as to such contracts and agreements as may
be then deemed necessary and proper, and any
such agreement not approved by such commits
sioners or by virtue of which rates shall be charged
exceeding the rates fixed for freight aud passen-
gers, shall be deemed and held to be voiu and il
legal.
Section o. That if any railroad company doing
business in this state, by its agents or employees
shall be guilty of violation of the rules and regu
latons provided and prescribed by said commits
siOners and it, after due notice of such violation,
given to the PRINCIPAL officer thereof, mpie and
full recumpense TO: the wrong or the injury done
thereby to any person or corporation as may he
dil ected by said commissioners shall not Ie made
within thirty days from the time of such notice,
company shall incur penalty for each otfense of
not less than one thousand dollars nor more
than five thousand dollars, to be fixed by
tue judge of the district court in the dis
trict where such wrong or injury may occur An
action for the recovery of such penalty shall lie in
any county in the state where such violation has
occurred or wrong has been perpetuated, and shall
be in the name of the State of Texas The com
missioners shall institute such action through the
attorney general, or county district attorney, in
the district or county where such ofense or injury
is committed.
Section 10. That if any railroad company doing
business in this state SHALL in violation of any rule
or regulation provided by the commissioners afore
EAU, lDlllCI any wrong Ut Injury ON any person,
such person shall have right of action and re-
covery for such wrong or injury in the county
where the same was done, in any court having jur-
isdiction thereof, and the damage to be recovered
shall be the In actions between individuals
except that Ia of willful violation of the law
such railroad companies shall be liable to exemp-
larry damages; provided that all suits under this
act shall be 81 ought within twelve months after
the commission of the alleged wrong OF injury.
Section IL. That in all cases under the Drovis-
ions of this act the rules of evidence shall be the
same ae in civil actions, except as herenbefore
otherwise provided All fines recovered under this
ACT shall be paid into the state treasury, TO he used
for and constitute part of the public school fund
The remedies hereby given the persons injured
now given ny law against railroad corporations,
this act shall not he construed repeating any
statute giving such remedies
Section r. That the terms RAILROAD corpora
TONS" or RAILROAD companies contained in this
act, shall be deemed and taken to mean all cOrpoI
ations companies or individuals now o wing or
operating, or which may hereafter oAn or operate
and the provisions of this act shall
apply to all persons, firms, and companies, and to
all associations of persons, whether Incorporated
or otherwise that shall co business as common
carriers upon any of the lines of railroad in this
state (street railways eXcepted) the same as to
railroad corporations hereinbefore mentioned.
Section ID That all railroad companies in this
ceips to shippers, in which shall be stated the
class or glasses of freight shipped, the freight
charges over the road, giving the receipt, and, 50
far as practicable, shall state the freight charges
over other roads that carry such freight. When
the consignee presents the railroad receipt to the
agent of the railroad that de ivers such freight,
such agent shall deliver the article shipped on
ntnft acbo